Elderly Patient Fall – A Successful Claim After Hospital Negligence

We represented the family of an elderly woman who tragically fell while under hospital care. This case highlights critical failures in patient supervision and risk assessment, especially for vulnerable individuals with complex medical needs.

Case Summary:
Instructions by an elderly lady who suffered a fall at the local hospital having been left unsupervised in a bathroom when she should not have been, due to various reasons (her age; medical history, including her pre-existing vascular dementia and cataracts; and her uncontrolled hypertension; plus the symptoms noted on hospital admission, including chest pain and a complaint of blurry vision and foggy head). The hospital’s own risk assessments also stated that the patient required the assistance of one for personal care and mobility. The patient also exhibited a postural drop in blood pressure, as shown by the lying and standing blood pressure taken approximately 2 hours prior to the index accident which was a significant risk factor for falls.

The incident left the patient with a severely displaced and comminuted fracture through the intertrochanteric region of her right hip. She underwent fixation surgery of her right hip with right intramedullary nail insertion of her femur. Her hospital stay was significantly prolonged, being discharged first to community hospital care and then to the Nightingale Nursing Home.

She suffered serious pain from her hip and had a lot of swelling and bruising in her right leg. She never regained her mobility following the index accident and was dependent on a Zimmer frame from then until her death. On a bad day, she needed a wheelchair to go longer distances within the nursing home. She required assistance with all aspects of her personal care.

The hospital admitted failings in their own RCA SI Report. Despite this the hospital denied liability in their response to a formal letter of claim. Despite the NHS denying responsibility they agreed to enter into negotiations and although the lady herself had died before the claim resolved, her family continued with the case which was resolved following informal negotiations and a remote settlement meeting for a significant sum of money.

Client Testimonial:

“I’m emailing you to say how much we appreciated all the work you put in to make our case successful and how you took the time to explain in terms that we understood always in a friendly but professional way. Thanks must also be given to Rosanna and Sam who also treated us in the same fashion. I must say it was an absolute pleasure to have you and your team dealing with our case.”

Conclusion:
This case underscores the importance of holding healthcare providers accountable when duty of care is breached—particularly for high-risk, elderly patients. Despite initial denials, we secured a significant settlement for the family.

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